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MILWAUKEE v. OAK CREEK

8 Wis.2d 102 (1959)

CITY OF MILWAUKEE, Plaintiff and Appellant, v. TOWN OF OAK CREEK and others, Defendants: CITY OF OAK CREEK, Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

October 6, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Walter J. Mattison, city attorney, and Richard F. Maruszewski, John F. Cook, and Harvey G. Odenbrett, assistant city attorneys, and oral argument by Mr. Cook and Mr. Maruszewski.

For the respondent there was a brief by Joseph E. Tierney and Eugene H. Grobschmidt, city attorneys, and Kneeland A. Godfrey and Walter H. Bender of counsel, all of Milwaukee, and oral argument by Mr. Bender and Mr. Tierney.

DIETERICH, J.

A search of the amended complaint to see what interest Milwaukee has asserted on which it seeks to base its right in this action to challenge the incorporation of the city of Oak Creek includes the following allegations set forth in paragraphs 7, 8, and 9 of the plaintiff's amended complaint:

"7. That, upon information and belief, the defendant town through its officers acting purportedly pursuant to ch. 500, Laws of 1955, is purportedly proceeding...

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